Dec
14

THE CASE OF BUTTIGIEG AND OTHERS v. MALTA (Application no. 22456/15) 11 December 2018

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The applicants are the owners of an apartment in Melita Street, Valletta which was inherited from their father who died in September 2006. The father of the applicants and his brothers had entered into a contract granting a temporary emphyteusis on August 4, 1981.In this contract the apartment was given for a period of 17 years on temporary emphyteusis which commenced on August 12, 1981 and the ground rent was set at Lm120 annually. The concession expired on August 11, 1998 but in virtue of Article 12(2)(b)(i) of Chapter 158 of the Laws of Malta the tenants had th...
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Dec
10

Can an Employer Dismiss an Employee for Incapacity to Work Due to Illness?

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An employee had been allowed to work from home because of a medical condition, and this following his doctor's recommendation. After a period of time with this arrangement, the company ultimately decided to withdraw its approval and requested that the employee reports to work at its official premises. The employee refused, and his employment was terminated. Consequently, the employee instituted proceedings before the Industrial Tribunal, claiming unfair dismissal and discrimination because of his disability. In its decision of the 5th December 2018, the Tribunal s...
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Dec
07

What Happens to Unused Vacation Leave?

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In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled, as sole heirs, to demand from their spouses' previous employers an allowance in lieu of annual leave which had not been availed of by their spouses. The Court ruled that the worker's right to paid annual leave, which it emphasised constitutes an essential principle of EU social law, does not terminate upon his death. The reason for termination of the employment relationship is ...
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Nov
26

MAMO TCV Advocates to Moderate Panel at SiGMA Conference on Blockchain on the 28 November 2018

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Dr Christina Scicluna, Senior Associate at MAMO TCV Advocates, will be moderating a panel of industry experts analysing the pros and cons associated with investing in companies utilising Blockchain technologies. The panel will be composed of investors and techies who truly believe in Blockchain's revolutionary potential. For further details on the conference kindly click here . Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Christina...
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Nov
21

European Commission Proposals in the area of Employment Law

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Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers and strengthening cooperation between national authorities in cross-border enforcement and inspections. Cooperation and exchange of information will be achieved by establishing national liaison officers from each Member State. The Authority will also have the task to provide mediation between national authorities in cases of disputes between Member ...
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